IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35911 OF 2018 (GM-FC) BETWEEN:
SRI SOUJANYA N C S/O N B CHANDRAMOHAN AGED ABOUT 42 YEARS R/A NO.215, A-4, 2ND FLOOR GHATAPRABHA, NATIONAL GAMES VILLAGE KORAMANGALA BENGALURU-560047 (BY MR. CHANDRASHEKHAR PATIL, ADV.) AND:
SMT CHAITANYA W/O SRI SOUJANYA N C AGED ABOUT 40 YEARS R/A NO.38, SRI VGNSS LAYOUT NEAR WATER TANK BASAVESHWARANAGAR BENGALURU-560079 (BY MS. POOJA NAGARAJ, ADV. FOR MR. GOVINDARAJU L, ADV. FOR C/R ) … PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:12.7.2018 PASSED ON I.A.NO.3 IN M.C.NO.4610/2015 BY THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU DIRECTING THE PETITIONER TO PAY MONTLY MAINTENANCE OF RS.25,000/- FROM 20.4.2017 WITHIN THE PERIOD OF 2 MONTHS VIDE ANNEXURE-A TO W.P. AND CONSEQUENTLY SET ASIDE THE IMPUGNED ORDER.
THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Chandrashekhar Patil, learned counsel for the petitioner.
Ms.Pooja Nagaraj learned counsel for Mr.Govindaraju L., learned counsel for caveator/respondent.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India the petitioner inter alia has assailed the validity of the order dated 12.07.2018 passed by the Family Court, by which the Family Court has directed the petitioner to pay a sum of Rs.25,000/- as maintenance to the school going child who is aged about 6 years.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is employed as a music teacher and draws a monthly salary of Rs.10,000/- p.m. It is further submitted that inadvertently the petitioner could not file any documents in support of his income before the family court and the petitioner be granted liberty to file an application seeking modification of the order dated 12.07.2018 along with relevant documents before the Family Court and the Family Court be directed to decide the application submitted by the petitioner expeditiously.
5. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a liberty to the petitioner to file an application seeking modification of the order dated 12.07.2018 passed by the Family Court within a period of two weeks from the date of receipt of certified copy of the order passed today. Thereupon the family court after hearing the parties shall decide the application by a speaking order within a period of three weeks from the date of receipt of such an application. Till the application is decided, ad interim order granted by this Court dated 25.09.2018 shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS